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Which one of following is not the ground for grant of compulsory licence one patent after the expiration of three years u/s 84(1) of the Patents Act, 1970 ?

  • A.That the reasonable requirements of the public with respect to the patented invention have not been satisfied
  • B.That the patented invention is not available to the public at a reasonable affordable price
  • C.That the patented invention is not worked in the territory of India
  • D.That the patented invention is related with the medicine which is useful to deal with health hazards in the territory of India

Answer: D

The one that is not a ground is that the patented invention relates to medicine useful against health hazards in India.

Section 84(1) of the Patents Act, 1970 allows any interested person to apply for a compulsory licence after three years from the grant of a patent on any of three grounds: (a) the reasonable requirements of the public with respect to the invention have not been satisfied; (b) the invention is not available to the public at a reasonably affordable price; or (c) the invention is not worked in the territory of India.

Options A, B and C are these three grounds. The mere fact that a patent concerns a medicine is not a ground under Section 84(1); public health emergencies are dealt with separately by Section 92.

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